EL PASO COUNTY, Colo. (KOAA) — A draft resolution is scheduled to be discussed in Wednesday's work session for the D-49 Board of Education titled "Protecting Safety and Privacy for Boys and Girls in All School Settings."
You can read the full resolution at the bottom of this article. According to the draft document, the Board believes "there is a clear distinction between 'sex' which is the biological design at birth differentiating between male and female, and 'gender expression' and 'gender identity' which have been designated for example, Colorado H.B. 21-1108."
The draft resolution also points to several executive orders signed by President Donald Trump concerning the topic.
As currently written, the draft resolution would do the following for D-49:
1. Make certain, when legally appropriate, to update administrative policy acknowledging that there are only two sexes: male and female. This would include restrooms, locker rooms and sporting events.
2. Unless there are any laws or regulations from the state, restrooms and locker rooms would be separate for males and females.
3. "Legal" steps would be taken to make sure males are not competing as females in sporting events.
News5 reached out to all of the board members for D49 Monday afternoon requesting either interviews or statements on the draft resolution. As we receive responses we will provide updates.
Woodland Park School District RE-2 passed a similar resolution.
D-49 is the largest school district in El Paso County, according to the latest data.
The full draft resolution that was posted publicly can be read below:
Protecting Safety and Privacy for Boys and Girls in All School Settings
WHEREAS, District 49 (the “District”), in El Paso County, Colorado, prioritizes student safety and equality as embodied in the purposes and language of Title IX; and
WHEREAS, the Board of Education (the “Board”) believes that there is a clear distinction between “sex” which is the biological design at birth differentiating between male and female, and “gender expression” and “gender identity” which have according to the latest data been designated by, for example, Colorado H.B. 21-1108; and
WHEREAS, the President of the United States, on January 20, 2025, signed executive order “DEFENDING WOMEN FROM GENDER IDEOLOGY EXTREMISM AND RESTORING BIOLOGICAL TRUTH TO THE FEDERAL GOVERNMENT,” declaring that “It is the policy of the United States to recognize two sexes, male and female.”; and
WHEREAS, the aforementioned Executive Order further states “Federal funds shall not be used to promote gender ideology”, which puts at risk federal funding to the District should its policy or practice fail to recognize and honor biological sex; and WHEREAS, the President of the United States, on January 29, 2025, signed executive order “ENDING RADICAL INDOCTRINATION IN K-12 SCHOOLING,” declaring the Federal intent to eliminate federal funding for K-12 curriculum, instruction, programs, or activities in schools which even indirectly support the advancement of gender ideology or social transition of students; and WHEREAS, the Board respects students’ and staff’s right to personal physical privacy and personal security in restrooms and locker rooms, and their right to fair competition in sporting events;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF DISTRICT 49:
The Board, in ensuring the full instructional environment respects the distinctions between the two sexes, authorizes and directs the Superintendent:
1. where legally appropriate, to update any relevant administrative policy, procedures and facility agreements and usage guidelines to be consistent with the knowledge that there are only two sexes, male and female, and consistent with the right to personal physical privacy and personal security in restrooms and locker rooms, and consistent with the right to fair competition in sporting events;
2. unless specifically compelled by the state, to ensure restrooms and locker rooms separate males and females; and
3. to take all available legal steps to ensure males are not competing as females in sporting events.
This RESOLUTION is duly adopted by the Board of Education of District 49 on ______________, 2025, taking effect immediately.
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